Industrial Relations in New Zealand for Views - myassignmenthelp

Question: Discuss about theIndustrial Relations in New Zealand for Political Views. Answer: Development of Employment relations in New Zealand: Political views and development: New Zealands labour party is a left centred political party primarily focussed on left wing ideologies. Employment relations in New Zealand have developed over the last century based on the legislations enacted by the Labour Party (when in power) and in the present day encompass a plethora of employee rights. Before the formation of the Labour Party in 1916 two bodies represented employee relations and employee grievances these were namely the Socialist Party (1901) and the Independent Political Labour League (1905). These two bodies consolidated their various factions later to form what is now known as the Labour Party (Gustafson, 2013). The growth of trade unions in New Zealand predate the formation of the Party and both bodies that preceded it. The development of employees rights through various Trade Unions though can be traced to events such as the great strike of 1913 and the waterfront dispute of 1951 (Nolan, 2014). The enactment of Industrial Conciliation and Arbitration Act in 1894 was instrumental in providing a forum for reconciliation of employee grievances and until 1973 continued to be the best possible recourse for employment disputes. In 1973 the Third Labour Government enacted the Industrial Relations Act, 1973 which superseded the Industrial Conciliation and Arbitration Act, 1894 (Seifert, 2013). Social and Economic Factors: The first recorded settlers in New Zealand were the maori who settled these around 1000 years ago. With the passage of time Europeans branched out trade routes with New Zealand the first being James Cook an English explorer who was the first to map New Zealands coastline to ensure regular trade in 1769 (Ward, 2015). By 1840 New South Wales was established and New Zealand had become a British Penal Colony. Once colonized employment relations were invariably more authoritarian. The world wars subsequently lead to uncertain economic conditions and though New Zealand. However it was during this period that the first Labour Government came into existence and brought in social reforms to industrial relations (Vowles, 2013). Another important economical development was financial independence from its colonial masters which came in the form of the establishment of a Reserve Bank in 1934 (Singleton, 2013). Post the world wars and New Zealands official independence in 1947, it retained its tra de relationships with Britain. With the growing popularity of the Labour Party, the National Party was formed through the consolidation of the Reform Party and the United Party, this would be the Labour Partys primary competitor and would lead to the defeat of the first Labour Government in 1949 (Holt, 2013). This was mainly due to post war economic and social restraints which appeared to be due to the incompetence of the administration. However, after the First World War there was a global socio-economic crisis and it cannot be attributed to any one governments incompetence. Ideologies and theories of the time: Industrial relations or employment relations is primarily interdisciplinary in nature. This fact makes it particularly difficult to devise uniform theories which would define and regulate industrial relations. Resultantly, theoretical pluralism guides the theoretical perspective in employment relations. The systems theory was the first comprehensive look at theory formulation for industrial relations. This was developed by John Dunlop and was termed the Industrial Relationship System (Dunlop Segrave, 2016). This defined industrial relations as an analytical subsystem of industrial societies. This however had limitations to the extent that it underplayed the role of change and conflict in the system and equated it to an economical systems logic. The Marxist approach cannot be ignored when discussing industrial relations. The Marxist approach aimed at defining relationships between the capitalists and labour markets and providing better working conditions for the labouring employees. This gained immense momentum through the 19th and 20th century and brought in positive changed globally to industrial relations. In New Zealand, trade unions and industrial action prevalent since the enactment of the Trade Unions Act, 1878 but it wasnt until 1973 that a substantial labour legislation would come into force (Rudman, 2013). There were various shifts in theoretical backing based on the government in power and the policies they sought to implement. It was originally based on a union-dominated model but eventually evolved into a more socialist movement through the years (Kelsey, 2015). From the advent of the 20th century the Labour Partys main aim has been to ensure equal employment rights and opportunities which are based on democratic socialist ideals. Employer-employee relationship Statutory rights and responsibilities of both parties: Statutory law is a primary source of law in New Zealand and various legislations have been enacted to ensure fair and equal employment opportunities and favourable working conditions for the labour force. The Employment Relations Act, 2000 is the regulatory statute for industrial relations (Selwyn Emir, 2014). The duties and responsibilities of the employers are derived essentially from common law principles and thus they include the following obligations: Payment to employee. Providing a safe work environment. Prohibition of discrimination. To provide written employment contracts to employees. The rights and responsibilities of the employees are embodied within Parts 6-9 of the Act. These include: Collective bargaining. Right to attain paid leaves. Right to legal industrial action. New Zealand however has various other statutes that more specifically define rights and responsibilities of employers and employees. These would invariably be in concurrence with the provisions of the Employment Relations Act, 2000. The major rights defined by each piece of legislation is as under: Holidays Act, 2003: This legislation regulates the law relating to leaves of absence which employers are duty bound to provide to their employees. Wages Protection Act, 1983: Defines the circumstances under which wages maybe deducted or withheld. This also regulates circumstances where the employer cannot make deductions on the same basis. Minimum Wages Act, 1983: This act is essential for industrial relations as it defines and regulates the remuneration standards based on the hours of work demanded. Parental leave and Employment Protection Act, 1987: Parental leaves are an essential for a workforce, especially one that includes women. This act defines the structures of paid and unpaid parental leaves and protects the employment status of those availing parental leaves. Privacy Act, 1993: Defines the various kinds of information that maybe demanded by the employer from his employee. It empowers them to collect, correct and store the information and prescribes limitations to their right to do so. Equal Pay Act, 1972: This is essentially a prohibition on wage discrepancies based on discriminatory grounds. Thus all employees are assured equal pay for equal work. Health and Safety at Work Act, 2015: This is a relatively new piece of legislation it regulates workplace safety measures to be taken by employers. This is especially relevant in cases of work environments that comprise of occupational hazards. Human Rights Act, 1993: This statute guarantees basic human rights to all employees. These are relevant in labour law as they prohibit discrimination during recruitment processes thus provide equal employment opportunities to all members of the workforce. Protected Disclosures Act, 2000: This defines protective measures for employees who have divulged information concerning their employers about their breach of duties or any such act or omission which can be proceeded against. Mechanisms for Collective and Individual Bargaining: Part 5 of the Employment Relations Act, 2000 deals with provisions relating to collective bargaining. Sections 40 and 41 define who may initiate bargaining and when bargaining maybe initiated. The primary mechanism of collective bargaining is through collective agreements. Sections 51 to 59 of the act deal with provisions relating to collective agreements, these agreements help employees come to an agreeable solution based on their demands (Pool, 2013). Individuals whore employees have bargaining strength as well, Part 6AA of the act deals with flexible working and empowers employees with the right to demand flexible working conditions. Part 9 of the act deals with enforcement of personal grievances and by virtue of section 102 and employee has a right to legally pursue individual personal grievances. Direct action in Strikes and Lockouts and their legality: Direct action refers to an act by a body (a union in term of labour law) to engage in activities that lead to strikes and lockouts. This refers to a situation where the participants engage in such an action without first intimating the employers. In light of the ERA, 2000 strikes and lockouts are defined under Part 8 of the act. This requires a secret ballot vote to be held first by virtue of section 82A of the act, the employees are also required to furnish a notice before such an action (which is omitted in case of direct action) under section 86A and 86B. Section 86 deals with the forms of strikes and lockouts which are statutorily made illegal. This provision makes strikes and lockouts initiated through direct action illegal and the act provides penalties for the same. Good faith and its effects on employment relationship: All contracts are based on the concept of uberrima fides which translates into utmost good faith. This implies that all parties to an agreement must enter into it with bona fide intentions and must observe the terms of the contracts in true spirit of the agreements (Von Bonde, 2013). Good faith is thus an essential of employment contracts as well. By virtue of sections 4 and 4A under Part 1 of the act employers and employees are bound to observe the employment contract with utmost good faith. A breach of this duty to observe good faith can be legally pursued and finds statutory backing in section 4A. State institutions and their role in employees rights and conflict resolution: Section 144 and 144A of the act provide mediation and dispute resolution services provided by the state. The Employment Relations Authority is the primary body for dispute resolution in terms of labour law. The authority is established by virtue of the provisions of section 156 of the act. Its duties and powers are defined in sections 160 and 161 and it gives them jurisdiction of labour disputes. The employment court established under section 186 is an adjudicating authority for industrial disputes. These ensure swift justice to employee grievances that are properly represented before it. Role of Labour Inspectors and their need in the legislation: Labour inspectors are fundamentally officers who provide assistance to employees when pursuing an action against employers for rejecting or failing to reply to a request of the employees that is within their rights. Labour officers are defined in section 69AAG and their assistance maybe applied for by applying to the authority through the provisions of section 69AAI. The main aim of incorporating Labour Inspectors into the structural frame work is to facilitate mediation. Mediation through Labour Inspectors are undertaken through the provisions of section 69AAH. However there are limitations which are defined under section 69AAK, this section was inserted by section 5 of the Employment Relations (Flexible Working Arrangements) Amendment Act 2007(2007 No105). Reference List: Dunlop, J., Segrave, M. (2016).The theory of wage determination. Springer. Gustafson, B. (2013).Labour's path to political independence: Origins and establishment of the New Zealand Labour Party, 1900-19. Auckland University Press. Holt, J. (2013).Compulsory arbitration in New Zealand: The first forty years. Auckland University Press. Kelsey, J. (2015).The New Zealand experiment: A world model for structural adjustment?. 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